, 1887-09-04

" "ohh OWeuS was the next wit
ness and testified to the same effect. He
was subjected to a short cross ex-
animation by Judge Lacey who brought
out the fact that at the immediate time of
the re-capture of Mccoy he did not re.
sist arrest.
Prosecuting Attorney Stoll was about to
introduce testimony as to the negotiations
between Mccoy and the officials prior to
the latters recapture when it was objected
to and ruled out.
LOCKWOOD N WATSON GAI
With the return of Lockwood and
Watson to the stand the defense rested
and court adjourned until evening. Both
testified as to the language used by
Mccoy upon the appearance of Gum at
the saloon Of Waters. Each positively
asserted that the defendant did not utter
the sentence: There he comes now.
Judge Lacey then submitted to the pre-
siding judiciary the law points which the
defense wished embodied into his honor's
charge to the jury. Attorney Stoll stated
that a document of a similar nature in
behalf of the people was under prepare.
ton and would be completed before the
evening session.
THE OPENING ARGUMENT.
Attorney Stoll faced the Jury at 8:45
O'Clock and spoke for thirty FIVE minutes.
In the course of his remarks he briefly
reviewed the evidence presented by both
the prosecution and defense having a
bearing upon the guilt or innocence of the
accused. His effort, though brief, was
nevertheless brilliant and always eloquent.
In a vivid manner he pictured to the jury
the details of the o and infamous
crime with which the prisoner was
charged, first explaining to the
twelve men the literal meanings of
the terms wilfully, premeditatedly
deliberately and malice aforethought. He
interpreted this language lucidly and rap
idly, applying each word or synonym to
some act of McCoy's in connection with
the killing in an unmistakable manner.
he pointed out the strongest and most
eliminating evidence of the prosecution
which had been given by seven or eight
disinterested men, and in the next breath
called the attention OF the jurors to the
weak and uncertain replies of witnesses
for the defense. He closed by appealing
to the jury in behalf of the people of the
territory to carefully weigh the evidence
and return a verdict in accordance with
the facts in the case. That verdict, he
stated, should undoubtedly be murder
in the first degree" as the indictment
reads.
FOR THE DEFENSE.
Hon. John A. Riner responded to Mr..
Stoll's argument. He said nothing con-
corning the legal features OF the case, but
in a speech possessing great rhetorical
merit appealed to the sympathies of the
jurors, and forcibly reminded those gem
tlemen that it was their sworn duty, and
that they would probably be so charged
by the judge, to give to the prisoner the
benefit of any and all doubts. He made
several mild attacks upon the evidence of
various witnesses for the plaintiff, and adj
monished that the evidence of Lockwood.
Mccoy and Watson was entitled to
just as much consideration as the
testimony of any other witnesses. Mr..
Riner spoke earnestly and plainly fully an
hour. He threw particular stress upon
the fact that Gum was not, as stated by
counsel for the prosecution, a bosom
friend of McCoy's, and called the atten-
ton of the jury to the fact that two men
who testified as to the non-combative
actions of Gum in Waters saloon were
in a position, he believed, where they
could not see what they positively testi-
fed to having seen. The audience
listened attentively to the argument of
both Mr.. Riner and Mr.. Stoll.
CONCERNING H JURY.
Judge Corn instructed the bailifs who
are in charge of twelve of the most I'M
comfortable and still good natured men in
town to keep a keen eye on them. The
gentlemen are not to converse about the
case among themselves or to talk to out,
siders upon any subject whatever. They
will not attend church nor peruse current
newspapers or periodicals, and will be re-
turned to the Jury box at 9 o'clock Mon
day morning, at which hour court will
again convene and Judge Lacey make an
argument for the defense.
The Soldier Moved.
There was a lively runaway on Central